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BABY KIANO’S CASE TO BE HEARD NEXT WEEK.

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Lawyer updating journalists outside Milimani Law Courts accompanied by group of demonstrators./PHOTO BY S.A.N.

BY NT REPORTER.

The hearing of a case involving the adoption of a child known baby Kiano has been pushed to May 14.

The matter could not proceed as anticipated because judges were not sitting. In the case, the three-year-old baby was officially adopted in 2017 by an American couple, Mathew Sean Mazzoncini and Daisy Louise Mazzoncini.

The child was, however, taken by officers from the Directorate of Criminal Investigations. According to the couple, 13 people with head gears stormed into their residence in Westlands, intimidated them and ordered them to sit down or else they would force them to.

They say that one of the men had a video camera, and was recording the whole escapade without their consent. The men apparently identified themselves as police officers.

The abductors asked them about their relationship with the child and in reply, they told the cops that they were the minor’s legal guardians. However the men accused them of fraudulently obtaining the order, alleging that it was illegal.

They took the child while sleeping and hurriedly went into their waiting car and took off.

According to the Mazzoncinis, their advocate advised them to report the matter to the nearest police station (Spring Valley Police Station) but on arrival, they were told that a report had already been made and that they could not make another one. They were then directed to go to the CID department at Muthaiga.

Their lawyer, however, asked them not to go as he sought assistance from the Kenya National Commission for Human Rights.

Through the organisations assistance together with an advocate identified as Veronica, they were able to gather from Spring Valley Police Station that the DCI officers acted on allegations of child trafficking launched by the Child Welfare Society of Kenya (CWSK) and a Mr. Baraza had authorized the ‘rescue’.

The couple has not been allowed access to the minor and they are concerned about his welfare since he has medical conditions that keeps him on constant medication.

The minor is on anti-seizure medication which he takes three times a day and when the couple tried to give the Spring Valley officers his medication to take to him, they refused claiming they did not know where the minor was.

The couple met the minor through a family friend, Gathoni Hamilton Foster during a visit to Kenya with her mother.

He was sickly had the couple have been catering for his medical bills. Before the adoption, the baby was found discarded in a trash bag and left to die.

Activist Boniface Mwangi who has actively been campaigning for the release of the minor says CWSK CEO Irene Mureithi is running the cartel that targets people like the Mazzoncinis.

TWO TO BE PROBED IN CLAIMS OF FALSELY OBTAINING MONEY.

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Mohammed Akabar Rashi and Yulian Pentrov Stankov (Bulgarian) while waiting to appear before a Magistrate on Friday May 10,2019./PHOTO BY S.A.N.
BY NT CORRESPONDENT.

Two businessmen were arraigned in court over allegations of obtaining money by false pretenses.

Mohammed Akabar Rashi and Yulian Pentrov Stankov (Bulgarian) were arrested on May 9, at Lavington Mall in Nairobi in connection with the offence.

In an application before a Nairobi court, the investigators asked to be allowed to detain the two for five days, as they complete investigations.

“Several exhibits namely mobile phones and profoma invoice for Africargo Limited were recovered,” said investigation officer Stanley Musembi.

The court heard that the phones need to be taken for forensic examination at the cybercrime unit while the invoices need to be authenticated by the Registrar of Companies.

The investigators believe Stankov is a foreigner and his nationality is unknown since he did not have any identification documents. The officer said he needed to contact Immigration Department to verify his documentation.

The court however ordered that Stankov be detained for three days at Gigiri police station while Rashi was released on cash bail of Sh 50,000 and directed to report to the Investigating officer on daily basis.

Investigating officers applied the two to be detained for five days pending investigations into alleged offence.

The matter to be mentioned next week.

TRADER CHARGED WITH DEFRAUDING KAPITI PLAINS ESTATE SH 54 BILLION.

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Julius Matheka before Milimani Magistrate Court.

BY NT CORRESPONDENT.

A businessman has been charged before a Nairobi court with defrauding Kapiti Plains Estate a parcel of land worth Sh 54.8 billion.

The accused person Julius Matheka appeared before Milimani Chief Magistrate Martha Mutuku and pleaded guilty to conspiracy to defraud charges.

Prosecution alleges that on or before January 20, 2017 within Nairobi County conspiracy to defraud Kapiti Plains Estate Limited a parcel of land worth Kshs. 54.8 billlion.

He is also facing a second charge of making a false allotment letter dated August 23,1994 for a parcel of land in the name of New Konza Ranch Association, purporting it to be a genuine letter of allotment issued by Commissioner of lands.

The accused person informed the court that he is having another similar case pending in court where he was released on Sh 300,000.

Through his lawyer, Matheka urged the court to have the two matters consolidated.

However the magistrate order the accused to be released on a bond of Sh 1 million or a cash bail of Sh 300,000.

The case will be mentioned on May 30, 2019 for consolidation and pretrial.

DPP ALLOWS THE RELEASE OF FERTILISER ALLEGED TO CONTAIN MERCURY AS HE DROPS CHARGES AGAINST FIVE.

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Benson Odour Ngesa who is among discharged accused person.

BY SAM ALFAN.

Five accused persons have been acquitted of attempted murder charges in the case relating to the consignment of fertilizer alleged to contain mercury.

Director of Public Prosecutions dropped the charges against Benson Oduor Ngesa, Karim Lofti Senhadji, Malika Kirama, Younese Addou and OCP Kenya Limited.

“The court hereby adopt the plea agreement by the prosecution”, ruled Magistrate.

This is after the DPP signed a plea bargain with Senior Counsel Paul Muite before Senior Principal Magistrate Kenneth Cheruiyot.

“The entire criminal charge against the five accused persons be marked as withdrawn under section 87 (a) of the Criminal Procedure Code,” states the plea agreement.

Through Senior Assistant Director of Public Prosecution Alexander Muteti, the DPP said he entered the agreement without prejudice to the criminal case 1151/2018 as against the other six accused persons.

He said the move was necessitated by availability of new facts to the prosecution by the accused persons that clearly indicates that the decision to charge them was made without the full benefit of the full factual scenario being provided to the investigators and the prosecution.

The court heard the decision to charge Karim Lofti Senhadji, Malika Kirama, Younese Addou and OCP was made because they were out of jurisdiction but they later provided information and documents that have given a new dimension to the matter, prompting a review of decision to charge them.

He said the terms of the plea bargaining agreement are that the acquitted persons shall unconditionally withdraw the application filed by Ngesa and supported by the other four accused persons, seeking the retesting of the fertilizer that is the subject of the criminal trial.

The DPP also agreed to release the fertilizer being held a Ballore warehouse in Mombasa. “It is agreed between the parties and the DPP that the investigating officer shall concurrently release the impounded consignment of fertilizer held at Ballore warehouse in Mombasa to OCP (K),” states the agreement.

The court heard that at the time of filing the plea agreement, the acquitted persons had not recorded their statements and supply the necessary supporting documentation, information and evidence to the investigating officer.

The agreement said the parties shall fully cooperate with the DPP in seeking justice in relation to this matter and the parties undertake not to lay any claim for damages or any other relief as a result of the action taken by the government in pursuit of or related to investigations and prosecution of his case in future either locally or internationally.

ONE MORE CHARGED WITH ASSAULT ON MAN ON LABOUR DAY.

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James Luambe Odete before Milimani Magistrate court where he pleaded not guilty to assault charge.

BY NT CORRESPONDENT.

One more person has been charged in connection with the assault of a man whose video went viral on social media during Labour Day as he was beaten mercilessly.

James Luambe Odete was charged with unlawfully causing grievous harm to Kevin Mango Oduor on May 1. The offence was committed at Estate 24 along Kirichwa road in Kilimani area, Nairobi.

Four other people, among them a 2017 parliamentary candidate were charged on with the same offence.

The four Robert Omwenga Momanyi, Collins Neriko, Stanley Rimbere and Stephen Kimeu were arrested over the weekend and charged on Monday.

The victim alleges that here is bad blood between him and the accused person after revealing some secrets about one of them.

The assault allegedly began on Wednesday around 4 pm and went on until Thursday morning.

The all denied the charge and were released on a cash bail of Sh 300,000.

The matters will be mentioned on May 20 for consolidation and pre-trial.

IT IS WITHIN MY POWERS TO REVIEW LAWYER NYAKUNDI’S CASE; DPP SAYS.

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City lawyer Assa Nyakundi before Makandara Law Courts on Thursday April 25,2019.

BY SAM ALFAN.

Director of Criminal Investigation George Kinoti is investigating conspiracy to defeat justice against the wife of lawyer Assa Nyakundi, who is accused of shooting his son dead.

This is after Lydia Kunga Nyakundi filed a petition challenging DPP’s move to withdraw manslaughter charge against Nyakundi. She has protested against the decision saying she was not consulted as a victim.

In the response to the petition, Corporal Reuben Mwaniki attached to DCI headquarters told the court that the crime scene reconstruction report , ballistic report and accused persons statements clearly demonstrate the bullet trajectory and details a scenario which requires further analysis for an appropriate decision.

“I believe that the decision to review the charges constitutionally placed upon Director of Public Prosecution Noordin Haji and Lydia Kunga Nyakundi is a prosecution witness is not objective to determine when and how charges should be reviewed,” said Cpl Mwaniki.

He added that the Lydia being wife to the accused person and the mother of deceased is a competent and compellable witness under the Evidence Act and DPP has not infringed on her right during the period of the investigation. He said the DPP has no intention of doing so.

The detective in his affidavit told the court several that prosecution witnesses have recorded their statement including Noah Onsumu Nyakundi an advocate and brother to the deceased, Titus Ogamba Nyakundi, an uncle to the deceased and who are also victims.

He dismissed the petition and the application saying it has no legal or factual basis.

DCI and DPP said that the substratum of the petition is premised on media, innuendo, conjecture, rumours, suspicion which are not attributed to them at all and which cannot be the basis for grant of any of the orders she has sought.

They said the lawyer’s wife has failed to demonstrate how the DPP and DCI have breached or threatened to breach her rights and that she is only inviting the court to unjustly interfere with and usurp the constitutional powers.

He said application should be dismissed with costs and the criminal trial against Nyakundi allowed to proceed to its logical conclusion.

“The orders sought for a declaration that there was selective omission to investigate is not supported by evidence,” he said.

The DPP told the court there is no live grievance between lawyer’s wife and DCI for calling for intervention of the court.

Through Senior Prosecutor Henry Kinyanjui, prosecution told the court the notice of motion does not disclose a prima facie case to warrant issuance of the orders sought.

ELACHI RETAINS SEAT AFTER LABOUR COURT CONFIRMS HER AS NAIROBI COUNTY SPEAKER.

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Nairobi City County assembly Speaker Beatrice Elachi.

BY SAM ALFAN

Nairobi City County assembly Speaker Beatrice Elachi retains her job after Employment and Labour relations court has dismissed a decision by City County Assembly members to impeach her.

In her ruling, Justice Maureen Onyango also restrained the assembly from interfering with the terms of employment of Elachi as the speaker of Nairobi City County Assembly in consequence of the unlawful purported impeachment of September 6,2018.

The County Assembly and Nairobi County Government were furtger prohibited from carrying out a process to remove Elachi without complying with the law, Constitution, due process and according her a hearing without following applicable standing orders.

The judge further declared decision by Nairobi City County Assembly whole house committee purporting to impeach Beatrice Elachi as the county assembly speaker as breach of the constitution and her constitutional rights under Article 27 27(1) , 27(2), 27(3) , 41, 47(1) and 50 of the constitution.

The court also issued injunction prohibiting the county assembly and it members or any person under it behest from entertaining or debating any motion to remove Elachi through process in violation of fair administration and without due process accorded to her in breach of the right to a hearing vested in her.

Justice Onyango ruled that the purported committee of the whole house of the county assembly sitting on the afternoon of September 6,2018 had no powers or jurisdiction to impeach speaker Elachi without due process being accorded.

The judge found that the assembly violated Article 10(2) regarding principles and values of good governance and article 47(1) regarding the the speaker’s right to an efficient, lawful and procedurally fair administrative action in her impeachment.

The judge added that the assembly was aware the speaker could not make it on time for proceedings when they summoned her while she was in Mombasa.

Elachi last year petitioned after she was impeached by the MCAs of Nairobi county assembly.

Through lawyer Harrison Kinyanjui, Elachi told court that during her impeachment, she was in Malindi for a devolution seminar presided over by Deputy President William Ruto.

BLOW TO KIDERO AS JUDGE REJECTS PLEA TO STOP GRAFT TRIAL.

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Former Nairobi Governor Evans Kidero before Milimani Anti-Corruption Court.

BY SAM ALFAN.

Former Nairobi Governor Evans Kidero has suffered a major blow after high court dismissed his application seeking to stop corruption charges before the trial court.

High Court Anti-Corruption Justice John Onyiego dismissed application for stay the proceedings and set aside stay orders issued before on May 2,2019.

“The application for stay is hereby dismissed and orders of stay issued on May 2, 2019 lifted. The original file be forwarded to the trial court for hearing to proceed as scheduled”, ordered Onyiego.

The judge further ordered the parties to fast track hearing of the appeal so as to determine the outstanding issues.

He said he didn’t find any sufficient to stay of proceedings pending before lower court on account of misjoinder , duplicity or defective charge sheet as there is no prejudice likely ti be suffered even if the trial proceeded before the appeal is heard.

The judge further said the issue of overloaded charge sheet with over 35 counts is arguable ground of appeal but that alone cannot stop the entire hearing process which is due to start.

Judge Onyiego said regarding the offences touching on tax evasion, Kidero is not a victim of the same hence can not purport to represent the interests of the other accused persons.

Kidero together with other 10 accused persons were arraigned before Nairobi Chief Magistrate court on August 9,2018 facing various corruption charges.

Kidero is accused that on diverse dates between January 16,2014 and January 25,2016 within Nairobi County jointly conspired to commit corruption namely fraud leading to loss of public funds Shillings 213,327,3000 for services not rendered.

He is also facing charges dealing with suspects.

WOMAN IN COURT FOR ISSUING THREAT.

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Zainab Mohammed Hussein Noor before Milimani Chief Magistrate Court where she pleaded not guilty to threatening to kill through a text message./PHOTO BY S.A.N

BY NT CORRESPONDENT.

A woman has been charged with issuing threat to kill someone through a text message.

Zainab Mohammed Hussein Noor appeared before Milimani Chief Magistrate Martha Mutuku and pleaded not guilty to threat to kill charge.

Zainab is accused that on May 2 at unknown place without lawful excuse uttered a threat to kill Ishmael Tinega Nyangara Nyaribo by sending a written message saying “I will kill you” to the said Ishmael Tinega.

She was released on a cash bail of 100,000 or 200,000 bond pending hearing and determination of her trial.

The criminal trial was fixed for June 6 for hearing.

INTRIGUES AS CELEBRITY FIGHTS CUSTODY OF CHILD IN ENGLAND AND KENYA COURTS.

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Musician Shiv Singh Benawra who is fighting for full custody of his four year old son./PHOTO BY S.A.N.

BY SAM ALFAN.

A Kenyan celebrity fighting for full custody of his son has accused his estranged wife of subjecting the minor to violence.

Shiv Singh Benawra was granted custody by a Milimani children court against the child’s mother, Charlotte Victoria Morris.

The court granted the musician full custody of his son in 2016 “the plaintiff shall have the minor’s actual and physical custody pending hearing and determination of the case”, ordered the Nairobi Children Court.

Senior Resident Magistrate B. Kituyi further ordered that the minor should not leave jurisdiction (Kenya) of the court.

The court allowed the mother to access the minor while in Kenya.

“The minor’s access by defendant (Charlotte Victoria Morris) should be in Kenya and should be supervised by this court pending hearing and determination of the case”, ordered the court.

In April 2017, the children court issued another order restraining the father from taking the minor out of Kenya to another country pending hearing and conclusion of the case.

The two used to live in the United Kingdom before separating when the child was a year old.

Shiv moved back to Kenya where he has a stable income.

Through lawyer Danstan Omari, Shiv filed the case before a children’s court claiming the mother exposed the minor to violence.

He further said the minor was in dire need of care and protection. According to photos seen by NairobiTimez in the court file , they show the biting on the boy’s neck which is claimed to be caused by the mother’s boyfriend.

“Unless this matter is disposed and determined on a priority basis and ex parte orders granted on the principle of the best interest of the child, irreparable damage and prejudice will be occasioned ion the child,” Benawra stated in an affidavit.

According to Senior Resident Magistrate B. Kituyi, the minor’s access by his mother should be in Kenya and should be supervised by the court pending the hearing by all parties.

Shiv in court documents argues that Charlotte has no permanent place of abode and therefore cannot be trusted with the minor.

He accuses her of having no interest of the minor at heart and only uses the child to extort money from him.

Charlotte allegedly had a horrible upbringing as she suffered both mentally and physically in the hands of her parents who were also not well-off.

One day after a disagreement between them, she was sent to the UK to stay with her father.

Since Charlotte’s dad was sick and the two were surviving on the benefits he was getting which was not enough, Shiv would occasionally visit and send her upkeep money.

The two started dating dating online before getting married in Kenya in 2013 after Shiv’s mother sent Charlotte a flight ticket to come back to Kenya.

However the two then love birds travelled to India for a few years after their honeymoon and later to the UK where the minor was born.

She came back to Kenya for 10 days but she did not want anybody from Shiv’s family to touch the child since she did not want the minor to be brought up in an Indian Kenyan decent rather as a British citizen.

After their separation, he came back to Kenya and would visit his child occasionally.

They had a child arrangement order issued by the family court at Chelmsford England which allowed neither parent to remove the minor from England and Wales for a period exceeding 28 days without prior written consent of the other or in default of agreement and order of the court. The extension could be granted for 60 days.

After their separation, Shiv took the minor to Kenya with Charlotte’s permission for a period of 60 days but is allegedly yet to return him.

During this time Charlotte was staying with her boyfriend and had just separated with him and therefore did not have anywhere to stay.

She gave out the child in order to allow her settle down again.

Shiv decided to fight for custody after noticing how unstable Charlotte was and in addition, the minor had been assaulted by the so-called boyfriend.

He is pleading with the court to grant him full access to the minor as he has already enrolled him in a good school, has good housing, toys and a child friendly environment.